We have been fighting the case aggv assault on an officer since Oct. 11. I was there and there was no assault or resist during the arrest of my husband. They dismissed the case due to grand jury indictment that means they decided closed doors. One non-guilty arraignment happened and next will be... Read more »
No. The request to extend time was filed by your husband's attorney after the grand jury issued an indictment. There is a hard time limit to challenge the grand jury indictment, so the attorney is making sure they have enough time to challenge the indictment. The second filing is just a...Read more »
Hello was charged with disorderly conduct and (later) assault arising out of a traffic collision in Arizona. At first, I was charged with the disorderly then about a week later, the simple assault charge was added to the same case against me. As both or these charges arose out of the same conflict... Read more »
Jeopardy does not "attach" until a case has been adjudicated. In plain English: until you plead guilty or are found guilty or not guilty in a court of law, you may be subject to additional prosecution. These are also different charges, so, unless the statute of limitations has run (the prosecutor...Read more »
That will depend on what the contraband was and how many prior felony convictions he has. If he was caught with a deadly weapon, dangerous instrument or explosive it is a class 2 felony and all other items (such as a cell phone) would be a class 5 felony. Since he is in prison he has at least one...Read more »
My answer to your previous question stands. Failure to diligently research potential consequences is not likely to be a convincing argument before the Court. You really should be discussing this with your attorney / public defender who knows all of the specific details of your case. If you attempt...Read more »
It is exceedingly difficult to withdraw a plea. I would highly discourage you from doing so without being advised by a competent criminal defense attorney that in your specific case that is wise. If you are already a felon and you felt like you could live with the terms of the agreement at the time...Read more »
The most important piece of advice in this situation is not to speak with the investigators without an attorney present. Do not think you can simply explain the situation or talk your way out of it. That will not happen. Best of luck!
Cases where someone is charged with only slightest degree (under .08) but they police still believe you are impaired happen frequently. The police may have only submitted charges until they are able to test the blood they collected. However, it is impossible to give you an actual answer without...Read more »
My husband was arrested last 0ct. 11 for attempted arson. The cop said he saw him spray lighter fluid on the window of the house we are staying at. I was there during the arrest and he never resisted nor assaulted an officer. They charged him with attempted arson that day with 20,000 bail. days... Read more »
I was given a 5 year probation for a dui related incident. I have completed 2 years October 1, which includes all treatment classes, fine/fees and ua drops which i had 2x a week. I am looking to get a second job and to have an opportunity of a promotion at work but I will not be considered as... Read more »
You are typically eligible for early termination from probation when you complete 50% of the probation term. At this point you have a few options: you can contact your PO and explain your situation and see if they would be willing to submit a request for early termination; if they are not willing...Read more »
You can try using the website below but not all courts provide information to that site. If you think you may have a warrant out of a specific court, you can see if they have an online case search or you can call them. Best of luck!...Read more »
My sister and I got pulled over, she was driving and I was the passenger of the vehicle. They conducted a search and found a large quantity of meth some paraph. marijuana, scale baggies etc. They searched me and found a quarter gram on my person . They ask who the drugs belonged to I said I don't... Read more »
It has been 17 days since I hired an attorney to represent my adult son who is on the Autism Spectrum; in a pre file case regarding false allegations of sexual misconduct toward a child that were filed against him in a police report. We have provided documentation regarding my son's medical... Read more »
A lot depends on the status of the case and whether there are any deadlines. Many, if not most, attorneys have a large number of active cases and must prioritize. If charges have not been filed yet, the attorney cannot even request discovery from the prosecutor. Until your attorney knows what...Read more »
Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same jurisdiction,... Read more »
Bringing drugs in a facility for sale but the charges are bull when he kept the previous court date they didn’t have any file that charge was a pen shaft with drug residue they searched without permission are probable cause
The warrant covered a useable amount of Fentanyl,items used to smoke or ingest fentanyl,and items to weigh or package fentanyl,and U.S currency. The police seized a pipe used to smoke methamphetamine and charged me with paraphernalia and the meth that was in the pipe. Is it legal? Considering it... Read more »
Thanks for the question. You and your tenant are in a sticky situation. Challenging a warrant is a difficult process and is very fact driven. You need the assistance of an experienced criminal defense lawyer. Most lawyers on Justia, including myself, offer free initial consultations. Set one...Read more »
Feb 2018 my wife was arrested for felony fleeing.The police arrested her from our home.The police refused to allow her to make arrangements for our 3 minor children who were left in the home alone overnight leaving her open to child neglect charges on top of felony fleeing. I was deployed in... Read more »
It is difficult to determine whether you are indicating that you are in transit or you are supposed to be getting ready to return to the sandbox. If you have not left yet, you need to change your orders. If you are outside CONUS, you need to request emergency leave and COME HOME. Your children...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.